Brexit: What's the Northern Ireland Protocol?

A Brexit deal, known as the Northern Ireland Protocol, is at the centre of a dispute between the UK and the European Union (EU).

Since it came into force at the start of 2021 the protocol has disrupted trade between Great Britain and Northern Ireland. The UK has suggested it could suspend parts of the arrangement by triggering part of the protocol known as Article 16.

What is the Northern Ireland Protocol?

The protocol is an arrangement, negotiated during Brexit talks, that allows lorries to deliver goods without having paperwork and goods checked when they cross the border from Northern Ireland into the Republic of Ireland.

This was easy to do when the Republic of Ireland and Northern Ireland were part of the EU - they automatically followed the same EU trade rules, which meant no checks were necessary.

However, a new arrangement was needed after Northern Ireland (along with the rest of the UK) left the EU. The EU has strict food rules and requires border checks when certain goods such as milk and eggs arrive from non-EU countries. Similar rules exist in other areas, such as medicine licensing.

To try to get round the problem the UK and the EU negotiated the Northern Ireland Protocol, which is now part of international law.

How does the Northern Ireland Protocol work?

Rather than checks taking place along the Irish border, it was agreed any inspections and document checks would take place on goods arriving into Northern Ireland from Great Britain (England, Scotland and Wales) instead.

This was allowed after it was agreed that Northern Ireland would continue to follow EU rules on product standards (part of the EU's single market rules).

Checks on GB goods take place at Northern Ireland ports to make sure they comply with EU laws. However, this has led to criticism that a new border has effectively been created in the Irish Sea.

Unionists are strongly opposed to the checks because they don't want Northern Ireland to be treated differently to the rest of the UK.

Also, not all checks under the protocol have been fully implemented yet. For example, supermarkets had reduced paperwork required under a temporary "grace period". However, the UK decided to extend these periods - something the EU said was a breach of international law.

Why is the Northern Ireland Protocol necessary?

The border is a sensitive issue because of the history of Northern Ireland and the agreements made to bring peace, which included the removal of visible signs of the border.

The fear is that if any infrastructure were to be installed, such as cameras or border posts, it could become a target and lead to political instability.

During negotiations, all sides agreed that protecting the 1998 Northern Ireland peace deal (the Good Friday agreement) was an absolute priority.

Chilled meats - including sausages - are a particular sticking point

What problems is the protocol causing?

Some businesses are concerned that the protocol is making it harder to send goods to Northern Ireland from Great Britain, according to Jess Sargeant from the Institute for Government thinktank.

"Businesses in Great Britain, in some cases, are deciding it's too difficult to serve the Northern Ireland market and so there's a risk they will withdraw from that market if there isn't some kind of agreement and stability going forward."

What changes is the UK government calling for?

Despite signing up to the agreement in 2019, the UK government now says the protocol represented a huge compromise by the UK and has accused the EU of applying it too rigidly.

The UK is calling for changes, which include:

What is Article 16?

If the UK does not secure changes to the protocol, it has suggested it could trigger Article 16.

Article 16 is a set of three paragraphs in the protocol that allows either side to suspend any part of the agreement that causes "economic, societal or environmental difficulties".

If the UK went down this route it could prompt the EU to respond with measures that would impose tariffs (or import taxes) on aspects of trade between the two sides.

The EU has warned that any such move by the UK would be "serious for Northern Ireland as it would lead to instability and unpredictability".

However, Anne-Marie Trevelyan, the UK trade secretary, appeared to rule out the imminent use of Article 16:

"I don't think anyone's calling Article 16 before Christmas, absolutely not," she said.

What has the EU proposed?

The EU has set out proposals, but says a renegotiation of the text of the Protocol is out of the question:

But in return, the EU wants extra safeguards to prevent products from Great Britain crossing into the Republic of Ireland.

Both the UK and the EU are now holding talks to try to resolve the dispute.